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FIrst EdItIon 0ecember 2006

CE0F

Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
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CEDR ModeI
ProjecL MedIuLIon
ProLocoI und
AgreemenL



FIrst EdItIon 0ecember 2006
CE0F

Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
Tel +44 (0) 20 75J6 6000 Fax +44 (0)20 75J6 6001 EmaIl Info@cedr.co.uk www.cedr.co.uk
FegIstered In England as Centre for EffectIve 0Ispute FesolutIon LImIted number 242281J FegIstered CharIty number 1060J69

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FIrst EdItIon 0ecember 2006
CE0F

Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
Tel +44 (0) 20 75J6 6000 Fax +44 (0)20 75J6 6001 EmaIl Info@cedr.co.uk www.cedr.co.uk
FegIstered In England as Centre for EffectIve 0Ispute FesolutIon LImIted number 242281J FegIstered CharIty number 1060J69

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Goidunce notes to CIR Model Project Mediution Protocol und
Agreement

[These notes do not ]orm pcrt o] the CE0R Model Pro]ect Medcton Protocol cnd Ayreement]

Introdoction

The aIm of project medIatIon Is to help support the successful delIvery of a project by IdentIfyIng and
addressIng problems before they turn Into dIsputes about payment and delay.

Project medIatIon enables conflIct management and dIspute resolutIon to be Integrated Into the contract
as part of a collaboratIve contractIng approach. t can be used for almost any project but may be
partIcularly approprIate for:

PPP or long term contracts
technIcally complex contracts
contracts InvolvIng many contractors/subcontractors/supplIers
contracts sensItIve to a hIstory of poor contract performance and/or adversarIal relatIonshIps.

The benefIts of project medIatIon are that It:

offers a robust conflIct management approach wIth a focus on dIspute preventIon
shows that partIes are takIng collaboratIve workIng serIously
Is more flexIble and cost effectIve than other conflIct management mechanIsms adopted at
the outset of a project (such as a dIspute resolutIon board)
can be budgeted for In advance.

As project medIatIon Is Integrated Into the contract, It wIll be Included as part of the contract
procurement documentatIon. However, If It has not been Included, the partIes can stIll adopt project
medIatIon.

ocomentution

The CE0F |odel Project |edIatIon Agreement, whIch has been kept short and sImple, Incorporates the
|odel Project |edIatIon Protocol ("the |odel Protocol"). The Project |edIatIon Agreement ("the
Agreement") can vary the |odel Protocol. The varIatIons, If any, can be set out In the body of the
Agreement or the Project |edIatIon Agreement can state the varIatIons made In manuscrIpt (or
otherwIse) on the Incorporated |odel Protocol.

The |odel Protocol sets out the terms and condItIons under whIch the contractIng body and contractor
(referred to as "the Core PartIes") and any IdentIfIed consultants, subcontractors or specIalIst supplIers


FIrst EdItIon 0ecember 2006
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Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
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(referred to as "Key SupplIers") and the Project |edIators wIll follow. t provIdes a framework In whIch
the Project |edIators can functIon to aId the early IdentIfIcatIon of actual or potentIal dIfferences,
dIsputes and claIms and facIlItate theIr resolutIon. The |odel Protocol also refers to the CE0F |odel
|edIatIon Procedure In the event that the partIes requIre a Formal |edIatIon and Includes, as AppendIx
1, the Key SupplIer JoInIng Agreement used to joIn In a new Key SupplIer to the Project |edIatIon
Agreement.

Appointment oI Project Mediutors

Dnce the Core PartIes have decIded that they want to adopt project medIatIon for theIr project, CE0F
Solve wIll assIst them In IdentIfyIng the Project |edIators and preparIng the documentatIon.

CE0F Solve wIll appoInt two traIned Project |edIators who wIll be chosen on the basIs of the mIx of skIlls
and professIonal backgrounds the partIes thInk wIll be most approprIate for the project (for example, a
constructIon lawyer and an archItect). Dn smaller projects, It may be more approprIate to have a sIngle
Project |edIator.

CE0F Solve wIll charge a sIngle appoIntment fee for both Project |edIators.

Key components und cost busis

Project medIatIon under CE0F Solve consIsts of three components:

(1) Access to two medIators for the duratIon of the project - At regular Intervals one or both of the
medIators wIll attend the project sIte to dIscuss progress and IdentIfy wIth the partIes any actual or
potentIal communIcatIon problems. Normally, the vIsIt wIll coIncIde wIth the regular project or sIte
meetIngs. The medIators may have dIscussIons wIth the PartIes or Key SupplIer(s) together or
separately to assIst In the preventIon of dIsputes or clarIfy the InformatIon requIrements they need to
address In a dIspute prIor to settlement dIscussIons. The medIators also receIve core documentatIon
and revIew It durIng the course of the works.

DutsIde the sIte vIsIts, It Is for the partIes to keep the medIators Informed about any Issues that mIght
affect contract performance. The partIes may call one or other of the medIators at any tIme to
dIscuss project concerns and seek guIdance.

Cost bcss: monthly retaIner and hourly rate for each Project |edIator. A daIly rate Is also agreed
should the need arIse, for example, for whole day sIte vIsIts or a formal medIatIon [See (J) below]

(2) Project medIatIon workshop PrIor to contract commencement, CE0F Solve wIll arrange a halfday
project medIatIon workshop attended by all project decIsIonmakers IncludIng:

project managers/leaders, consultants and desIgners
sub contractors/supplIers


FIrst EdItIon 0ecember 2006
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Tel +44 (0) 20 75J6 6000 Fax +44 (0)20 75J6 6001 EmaIl Info@cedr.co.uk www.cedr.co.uk
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government agencIes (If Involved)
any other organIsatIons/people upon whom the project wIll Impact and whom the project
decIsIonmakers wIsh to InvIte.

The medIators wIll set out the format of the workshop, whIch shall generally Include:

the roles and responsIbIlItIes of the project members
understandIng how others functIon
project medIatIon revIew: prIncIples, process and the role of the Project |edIators
IdentIfyIng communIcatIon lInes
IdentIfyIng project pressure poInts

Cost bcss: 'one off' fee.

(J) Formal medIatIon (If requIred) Where the partIes are unable to resolve theIr conflIct through
dIscussIons and InterventIons by the Project |edIators, the partIes may enter Into a formal medIatIon
conducted by the Project |edIators usIng the CE0F |odel |edIatIon Procedure.

cost bcss: daIly rate and pro rata hourly rate for addItIonal hours related to the formal medIatIon.

All fees are shared equally by the Core PartIes.


FIrst EdItIon 0ecember 2006
CE0F

Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
Tel +44 (0) 20 75J6 6000 Fax +44 (0)20 75J6 6001 EmaIl Info@cedr.co.uk www.cedr.co.uk
FegIstered In England as Centre for EffectIve 0Ispute FesolutIon LImIted number 242281J FegIstered CharIty number 1060J69

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CIR Model Project Mediution Protocol

eIinitions

Core PartIes The ContractIng 8ody and the Contractor

0Ispute Any actual or potentIal claIm, dIfference or dIspute

FormaI hedIatIon A medIatIon conducted under the CE0F |odel |edIatIon Procedure

Key SuppIIer(s) Any subcontractor, consultant or specIalIst supplIer enterIng Into the CE0F
|odel Project |edIatIon Agreement

Lead NegotIator The representatIve of the ContractIng 8ody, Contractor or Key SupplIer(s)
who has full authorIty to settle any dIspute

PartIes Core PartIes and Key SupplIer(s)

Project hedIators The Project |edIator or Project |edIators appoInted by the Core PartIes In
accordance wIth paragraphs 27 InclusIve of thIs |odel Project |edIatIon
Protocol.

Project Mediution Agreement

1 The Core PartIes, Key SupplIers, the Project |edIator(s) and CE0F Solve wIll enter Into an agreement
based on the CE0F |odel Project |edIatIon Protocol ("the |odel Protocol"). The |odel Protocol wIll
be Incorporated Into, form part of, and may be varIed by, the Project |edIatIon Agreement.

The Project Mediutors

2 The Project |edIators shall comprIse eIther one or two medIators.

3 The Core PartIes In consultatIon wIth the Key SupplIer(s) shall, unless the Project |edIators have
already been nomInated, nomInate eIther one or two Project |edIators by agreement wIthIn [21]
days of the date on the CE0F |odel Project |edIatIon Agreement.

4 The terms of remuneratIon of each Project |edIator shall be mutually agreed by the Core PartIes
when agreeIng the terms of each Project |edIator's appoIntment. The Core PartIes shall be joIntly
and severally responsIble for payIng one half of each Project |edIator's remuneratIon.

5 The appoIntment of an IndIvIdual Project |edIator may be termInated by the Core PartIes actIng
together but shall not be termInated by any Core Party actIng alone. The appoIntment of a Project
|edIator shall termInate If:

a Project |edIator declInes to act or Is unable to act due to death, dIsabIlIty or resIgnatIon;
the last payment Is made between the Core PartIes In respect of the Project; or at such
other tIme as the Core PartIes may mutually agree.



FIrst EdItIon 0ecember 2006
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6 f a Project |edIator's appoIntment Is termInated the Core PartIes may, In consultatIon wIth the Key
SupplIer(s), appoInt an approprIately qualIfIed person or persons to replace any of the Project
|edIators. Any Core Party may, on 7 days' wrItten notIce to the other, request CE0F Solve to
nomInate a Project |edIator In order to fIll a vacancy In the Project |edIators.

7 f there Is any Issue about the conduct of the |edIatIon (IncludIng as to the nomInatIon of the
Project |edIators) upon whIch the partIes cannot agree wIthIn a reasonable tIme, CE0F Solve wIll, at
the request of any party, decIde the Issue for the partIes, havIng consulted wIth them.

ReIerring u dispote

8 Any Core Party and any Key SupplIer(s) may at any tIme refer any dIspute to the Project |edIators
who shall proceed In accordance wIth thIs |odel Protocol.

The referral of any dIspute under thIs |odel Protocol shall not affect any PartIes' rIght to refer at
any tIme a dIspute to any other applIcable dIspute resolutIon process arIsIng under the agreement
between the applIcable PartIes, IncludIng but not lImIted to adjudIcatIon, arbItratIon or court
proceedIngs as approprIate.

Condoct oI Project Mediution und the powers oI the Project Mediutors

10 At the commencement of the project the Project |edIators shall, wIth the assIstance of the PartIes
and CE0F Solve, organIse a project medIatIon workshop to provIde an overvIew of the project
medIatIon process to representatIves of the Core PartIes and Key SupplIer(s).

11 The Project |edIators shall vIsIt the Project sIte at Intervals of not more than [56] days, and may
vIsIt more frequently durIng key phases of the project at the request of the Core PartIes. n the
absence of agreement between the Project |edIators and the Core PartIes, the Project |edIators
shall determIne the frequency of theIr sIte vIsIts.

12 The tIme and agenda of each sIte vIsIt shall be agreed between the Core PartIes and the Project
|edIators. n the absence of an agreement, the Project |edIators shall decIde the tImIng and
agenda.

13 The purpose of the Project |edIators vIsItIng the Project Is to enable the Project |edIators to
become and remaIn acquaInted wIth the nature and progress of the works at the Project and of any
dIspute.

14 Project vIsIts shall be attended by the Project |edIators, the Core PartIes and the Key
SupplIer(s).The Project vIsIts shall be coordInated by the ContractIng 8ody In cooperatIon wIth the
Contractor. The ContractIng 8ody shall ensure that adequate and approprIate meetIng facIlItIes are
avaIlable at the Project for the vIsIts.



FIrst EdItIon 0ecember 2006
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15 The Core PartIes and Key SupplIer(s) shall furnIsh each Project |edIator wIth one copy of all
documents requested by the Project |edIators. ThIs may Include any documentatIon that Is
pertInent to the works or the performance of the contract between the Core PartIes In respect of the
Project.

16 The Project |edIators may dIscuss matters In prIvate at any tIme In order to consIder the nature and
progress of the Project or any matter relatIng to a dIspute, whether referred to the Project
|edIators or not.

17 Any and all wrItten communIcatIons between one party and the Project |edIators shall be copIed to
the Core PartIes unless the party sendIng the wrItten communIcatIon states In wrItIng on the
communIcatIon that It Is to be seen only by the Project |edIators.

18 The Project |edIators may adopt any reasonable procedure to progress the resolutIon of any dIspute
referred to them by any of the PartIes. ThIs may Include meetIng wIth any of the partIes together or
meetIng any party prIvately. The Project |edIators wIll attempt to agree the procedure, tImetable
and agenda for takIng the matter forward, IncludIng the exchange of InformatIon, telephone
dIscussIons, meetIngs or sIte vIsIts and In the absence of prompt agreement by the partIes the
Project |edIators shall decIde the procedure.

1 The Project |edIators may request short summarIes or posItIon papers from any party to be provIded
before a meetIng.

20 The partIes shall:

attend all dIscussIons, meetIngs and correspondence In good faIth and trust wIth the aIm
of reachIng an agreement for the resolutIon of any dIspute; and
promptly provIde wIthIn a tImetable establIshed by the Project |edIators such short
summarIes, posItIon papers further explanatIon or clarIfIcatIon and documentatIon as
may be requested by the Project |edIators.

21 The Project |edIators shall have the power to adopt an InquIsItorIal procedure In respect of the
facts of any dIspute. The Project |edIators may In theIr absolute dIscretIon decIde who shall attend
any partIcular meetIng. Amongst other thIngs the Project |edIators may:

establIsh the procedures to be used durIng the course of the Project In attemptIng to
facIlItate the resolutIon of any dIspute;
conduct any sIte vIsIts, meetIngs or dIscussIons as they thInk fIt;
take the InItIatIve In ascertaInIng the facts relatIng to any dIspute;
make use of theIr own specIalIst knowledge, If any;
request any party to supply the Project |edIators wIth such documents as the Project
|edIators may reasonably requIre In connectIon wIth any dIspute;
questIon any of the partIes and theIr representatIves, agents, or employees; and


FIrst EdItIon 0ecember 2006
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Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
Tel +44 (0) 20 75J6 6000 Fax +44 (0)20 75J6 6001 EmaIl Info@cedr.co.uk www.cedr.co.uk
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gIve other dIrectIons that they consIder reasonably necessary In an attempt to resolve any
dIspute.

22 The resolutIon of any dIspute may Include a settlement agreement reached between the applIcable
partIes or the InstIgatIon by the applIcable partIes of any new or revIsed procedure In respect of the
Project.

23 The Project |edIators may, durIng meetIngs, make notes for theIr own use to remInd them of the
content of dIscussIons.

24 Where a dIspute has not been capable of resolutIon through InterventIons by the Project |edIators,
then the partIes may agree to a Formal |edIatIon conducted by the Project |edIators. n that event,
the CE0F |odel |edIatIon Procedure, current at the tIme the partIes agree to a Formal |edIatIon,
wIll apply.

Leud Negotiutors

25 A Lead NegotIator may be replaced on [21] days' wrItten notIce to the Project |edIators, CE0F
Solve, the Core PartIes and Key SupplIer(s) current at the date of Issue of the wrItten notIce.

Key Sopplier{s)

26 n the event that a Key SupplIer Is replaced or a new Key SupplIer Is appoInted the Core PartIes shall
requIre the new Key SupplIer to partIcIpate In the project medIatIon process and to sIgn the Key
SupplIer JoInIng Agreement set out In AppendIx 1 of thIs |odel Protocol.

Terminution

27 ThIs Project |edIatIon Agreement may be termInated by the Core PartIes actIng together, CE0F
Solve or the Project |edIators actIng together gIvIng CE0F Solve 28 days wrItten notIce of
termInatIon. ThIs Project |edIatIon Agreement shall then termInate on the expIry of the perIod of
28 days from the date of Issue of the wrItten notIce.

28 n the event of Insolvency by any of the Core PartIes, CE0F Solve, or all of the Project |edIators,
thIs Project |edIatIon Agreement shall ImmedIately termInate.

Stuy oI proceedings

2 Any lItIgatIon or arbItratIon or adjudIcatIon In relatIon to any dIspute may be commenced or
contInued notwIthstandIng the project medIatIon process or Formal |edIatIon referred to In
paragraph 24 unless the applIcable partIes agree otherwIse or a court so orders.




FIrst EdItIon 0ecember 2006
CE0F

Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
Tel +44 (0) 20 75J6 6000 Fax +44 (0)20 75J6 6001 EmaIl Info@cedr.co.uk www.cedr.co.uk
FegIstered In England as Centre for EffectIve 0Ispute FesolutIon LImIted number 242281J FegIstered CharIty number 1060J69

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ConIidentiulity

30 Every person Involved In the project medIatIon process or Formal |edIatIon referred to In paragraph
24 wIll keep confIdentIal and not use for any collateral or ulterIor purpose any InformatIon (whether
gIven orally, In wrItIng or otherwIse) arIsIng out of, or In connectIon wIth, the project medIatIon
process or Formal |edIatIon, IncludIng the fact of any settlement and Its terms, save for the fact
that project medIatIon or a Formal |edIatIon Is to take place or has taken place.

31 All InformatIon (whether oral, In wrItIng or otherwIse) arIsIng out of, or In connectIon wIth, the
project medIatIon process or Formal |edIatIon referred to In paragraph 24 wIll be wIthout prejudIce,
prIvIleged and not admIssIble as evIdence or dIsclosable In any current or subsequent lItIgatIon,
arbItratIon, adjudIcatIon or other proceedIngs whatsoever. ThIs does not apply to any InformatIon,
whIch would In any event have been admIssIble or dIsclosable In any such proceedIngs.

32 The Project |edIators wIll not dIsclose to any other party any InformatIon gIven to hIm by a party In
confIdence wIthout the consent of that party.

33 Paragraphs J0J2 InclusIve shall not apply If, and to the extent that:

all partIes consent to the dIsclosure; or
the Project |edIators are requIred under the general law to make dIsclosure; or
the Project |edIators reasonably consIder that there Is a serIous rIsk of sIgnIfIcant harm to
the lIfe or safety of any person If the InformatIon In questIon Is not dIsclosed; or
the Project |edIators reasonably consIder that there Is a serIous rIsk of theIr beIng subject
to crImInal proceedIngs unless the InformatIon In questIon Is dIsclosed.

34 None of the partIes to the CE0F |odel Project |edIatIon Agreement wIll call the Project |edIators
or CE0F Solve (or any employee, consultant, offIcer or representatIve of CE0F Solve) as a wItness,
consultant, arbItrator or expert In any lItIgatIon, arbItratIon, adjudIcatIon or other proceedIngs
whatsoever arIsIng from, or In connectIon wIth, the matters In Issue In the project medIatIon process
or a Formal |edIatIon. The Project |edIators and CE0F Solve wIll not voluntarIly act In any such
capacIty wIthout the wrItten agreement of all the partIes.

Assignment

35 No party to the Project |edIatIon Agreement shall assIgn the Project |edIatIon Agreement or any
rIght under It.

Contructs {Rights oI Third Purties) Act 1qqq

36 Any party that Is not expressly a party to the Project |edIatIon Agreement shall not receIve any
rIghts or benefIts under or In connectIon wIth the Project |edIatIon Agreement pursuant to the
Contracts (FIghts of ThIrd PartIes) Act 1999.


FIrst EdItIon 0ecember 2006
CE0F

Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
Tel +44 (0) 20 75J6 6000 Fax +44 (0)20 75J6 6001 EmaIl Info@cedr.co.uk www.cedr.co.uk
FegIstered In England as Centre for EffectIve 0Ispute FesolutIon LImIted number 242281J FegIstered CharIty number 1060J69

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Ixclosion oI liubility

37 NeIther the Project |edIators nor CE0F Solve shall be lIable to the Core PartIes or Key SupplIer(s) for
any act or omIssIon In connectIon wIth the servIces provIded by them In, or In relatIon to, the
project medIatIon process or any Formal |edIatIon referred to In paragraph 24, unless the act or
omIssIon Is shown to have been In bad faIth.











FIrst EdItIon 0ecember 2006
CE0F

Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
Tel +44 (0) 20 75J6 6000 Fax +44 (0)20 75J6 6001 EmaIl Info@cedr.co.uk www.cedr.co.uk
FegIstered In England as Centre for EffectIve 0Ispute FesolutIon LImIted number 242281J FegIstered CharIty number 1060J69

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Appendix 1-Key Sopplier Joining Agreement
ute
Purties

________________________________________________________________(" the ContractIng 8ody")

________________________________________________________________("the Contractor")

(joIntly "the Core PartIes") and

________________________________________________________________("the Key SupplIer")

Add ]ull ncmes, compcny reystrcton number cnd reystered o]]ce

Project {"the Project)

Add bre] descrpton o] pro]ect ncludny commencement cnd plcnned completon dcte

Joining Agreement

1. The Core PartIes and the Key SupplIer have agreed that the Key SupplIer shall from the date of thIs
JoInIng Agreement assume all of the rIghts and oblIgatIons of a Key SupplIer pursuant to the CE0F
|odel Project |edIatIon Agreement dated [Insert] and shall become a party to that Agreement In
respect of the Project.

2. The wordIng and expressIons In thIs JoInIng Agreement shall have the same meanIng as In the CE0F
|odel Project |edIatIon Agreement.

J. The law and language of thIs JoInIng Agreement shall be the same as the law and language of the
CE0F |odel Project |edIatIon Agreement.

4. Any party that Is not expressly a party to thIs JoInIng Agreement or the CE0F |odel Project
|edIatIon Agreement shall not receIve any rIghts or benefIts under or In connectIon wIth thIs JoInIng
Agreement or the CE0F |odel Project |edIatIon Agreement pursuant to the Contracts (FIghts of
ThIrd PartIes) Act 1999.



FIrst EdItIon 0ecember 2006
CE0F

Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
Tel +44 (0) 20 75J6 6000 Fax +44 (0)20 75J6 6001 EmaIl Info@cedr.co.uk www.cedr.co.uk
FegIstered In England as Centre for EffectIve 0Ispute FesolutIon LImIted number 242281J FegIstered CharIty number 1060J69

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13


Signed

Dn behalf of the ContractIng 8ody ____________________________________0ate __________

Dn behalf of the Contractor ____________________________________________0ate __________

Dn behalf of [add name of Key SupplIer(s)] ____________________________ 0ate __________






































FIrst EdItIon 0ecember 2006
CE0F

Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
Tel +44 (0) 20 75J6 6000 Fax +44 (0)20 75J6 6001 EmaIl Info@cedr.co.uk www.cedr.co.uk
FegIstered In England as Centre for EffectIve 0Ispute FesolutIon LImIted number 242281J FegIstered CharIty number 1060J69

14
14



CEDR Model Project Mediation Agreement

Purties

________________________________________________________________("the ContractIng 8ody")

________________________________________________________________("the Contractor")

(joIntly "the Core PartIes") Add ]ull ncmes, compcny reystrcton number cnd reystered o]]ce

________________________________________________________________("Key SupplIer(s)")

Add ]ull ncmes, compcny reystrcton number cnd reystered o]]ce

________________________________________________________________("the Project |edIator(s)")

Centre for EffectIve 0Ispute FesolutIon LImIted, 70 Fleet Street, London EC4Y 1EU ("CE0F Solve")

Project {"the Project)

Add bre] descrpton o] pro]ect, ncludny commencement cnd plcnned completon dcte

Purticipution in Project Mediution

1 The Core PartIes and Key SupplIer(s) agree to follow the CE0F |odel Project |edIatIon Protocol ("the
|odel Protocol") In relatIon to the conduct of the Project |edIatIon process. The |odel Protocol [as
varIed by thIs Project |edIatIon Agreement] Is Incorporated Into, and forms part of, thIs Project
|edIatIon Agreement.

Purticipunts

2 The ContractIng 8ody, the Contractor and Key SupplIer(s) wIll each IdentIfy a Lead NegotIator In
wrItIng wIthIn [21] days of the date on thIs Project |edIatIon Agreement. The Lead NegotIator shall
have full authorIty to settle any dIspute.

3 Each person In sIgnIng thIs Project |edIatIon Agreement Is deemed to be agreeIng to the provIsIons
of thIs Project |edIatIon Agreement on behalf of the organIsatIon he/she represents.






FIrst EdItIon 0ecember 2006
CE0F

Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
Tel +44 (0) 20 75J6 6000 Fax +44 (0)20 75J6 6001 EmaIl Info@cedr.co.uk www.cedr.co.uk
FegIstered In England as Centre for EffectIve 0Ispute FesolutIon LImIted number 242281J FegIstered CharIty number 1060J69

15
15


ConIidentiulity

4 The Core PartIes, Key SupplIers(s), the Project |edIator(s) and CE0F Solve wIll be bound by the
confIdentIalIty provIsIons of the |odel Protocol.

Project Mediution Iees, expenses und costs

5 CE0F Solve's fees wIll be borne equally by the Core PartIes and shall comprIse:

a workshop fee;
a monthly retaIner fee for the Project |edIator(s) wIth dIsbursements;
an hourly rate wIth dIsbursements In respect of each Project |edIator for reasonable tIme
spent over and above the tIme allowed by each Project |edIator In respect of the monthly
retaIner;
a fee for any Formal |edIatIon conducted In accordance wIth the CE0F |odel |edIatIon
Procedure referred to In paragraph 24 of the |odel Protocol.

6 The Core PartIes, CE0F Solve and the Project |edIators shall agree the poInt on the Project at whIch
any reduced retaIner fee shall apply.

6a [Dptoncl/cddtoncl wordny where the contrcct s c constructon contrcct]

From the fIrst day of the month followIng the month In whIch the certIfIcate or statement of practIcal
completIon In respect of the Project Is Issued the retaIner fee shall be reduced by 50. The reduced
retaIner fee Is payable untIl the last day of the calendar month In whIch the last payment Is made
between the Core PartIes or termInatIon of thIs Project |edIatIon Agreement.

6b The retaIner fee In respect of each Project |edIator shall apply from the end of the month In whIch
the Project |edIator was fIrst appoInted untIl the last day of the calendar month In whIch the
certIfIcate or statement of practIcal completIon In respect of the Project Is Issued.

7 Each party wIll bear Its own costs and expenses of Its partIcIpatIon In the project medIatIon process.

8 CE0F Solve's fees, IncludIng the Project |edIator's fees, shall remaIn fIxed for the fIrst 12 months of
each Project |edIator's appoIntment and thereafter may be adjusted as agreed by the Core PartIes,
CE0F Solve and the applIcable Project |edIator. Adjusted fees shall be applIcable from the
annIversary date of the date on whIch the Project |edIator became effectIve.

Each person sIgnIng thIs agreement on behalf of the organIsatIon he/she represents Is agreeIng on
behalf of that organIsatIon to partIcIpate In project medIatIon on the basIs of CE0F Solve's fees
agreed by the Core PartIes and CE0F Solve.



FIrst EdItIon 0ecember 2006
CE0F

Centre for EffectIve 0Ispute FesolutIon, nternatIonal 0Ispute FesolutIon Centre, London EC4Y 1EU
Tel +44 (0) 20 75J6 6000 Fax +44 (0)20 75J6 6001 EmaIl Info@cedr.co.uk www.cedr.co.uk
FegIstered In England as Centre for EffectIve 0Ispute FesolutIon LImIted number 242281J FegIstered CharIty number 1060J69

16
16


Contructs {Rights oI Third Purties) Act 1qqq

10 Any party that Is not expressly a party to thIs Project |edIatIon Agreement shall not receIve any
rIghts or benefIts under or In connectIon wIth thIs Project |edIatIon Agreement pursuant to the
Contracts (FIghts of ThIrd PartIes) Act 1999.

Luw und lungouge

11 The Project |edIators, the Core PartIes and Key SupplIer(s) shall conduct the Project |edIatIon
process In the EnglIsh language. ThIs Project |edIatIon Agreement shall be governed by, construed
and take effect In accordance wIth EnglIsh law. The court of England shall have exclusIve jurIsdIctIon
to settle any dIspute whIch may arIse out of, or In connectIon wIth,` thIs Project |edIatIon
Agreement.

Homun Rights

12 The referral of a dIspute to medIatIon under the |odel Protocol does not affect any rIghts that may
exIst under ArtIcle 6 of the European ConventIon on Human FIghts.

Model Protocol umendments

13 Set out any amendments to the |odel Protocol.

Signed

Dn behalf of the ContractIng 8ody ____________________________________0ate __________

Dn behalf of the Contractor ____________________________________________0ate __________

Dn behalf of [add name of Key SupplIer(s)] ____________________________ 0ate __________

Dn behalf of [add name of Project |edIator(s) __________________________ ___0ate __________

Dn behalf of CE0F Solve _____________________________________________ ___0ate __________

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